Judgment Search Results Home > Cases Phrase: wild life protection act 1972 section 38k definitions Court: orissa Page 23 of about 637 results (0.176 seconds)

Sukei Kuanr and Others Vs. the Chief Executive Officer, Wesco Ltd.Burl ...

Court : Orissa

..... sufficient attention and care; carelessness; heedless disregard of some duty. specifically, in law, the failure to exercise that degree of care which the law requires for the protection of those interests of other persons which may be injuriously affected by the want of such care. in advanced law lexico.negligence has been defined as follows: of 3rd ..... of action. this being the position, the claim of the petitioners regarding age of the deceased as 40 (forty) years canno.be disbelieved. taking into consideration, the life expectancy of a person in this country to be at the minimum 65 years.the petitioners are entitled to get the minimum 20 (twenty) multiplier and taking into rs ..... nonfeasance and no.malfeasance. it is omission to do what the law requires, or failure to do anything in a manner prescribed by law. it is the act which can be treated as negligence without any proof as to the surrounding circumstances, because it is in violation of statute or ordinance or is contrary to dictates of .....

Aparti Panda Vs. Govinda Sahu

Court : Orissa

Reported in : AIR1984Ori1

..... to the effects of the deceased plaintiff is able to obtain a succession certificate and produce it in the court. so also clause (b). means to provide protection to the judgment-debtor against rival claimants, if any, to the effects of the deceased decree-holder. if this basic principle underlying the provisions of section 214 ..... the grant to him of administration to the estate of the deceased, or(ii) a certificate granted under section 31 or section 32 of the administrator-general's act, 1913, and having the debt mentioned therein, or(in) a succession rertificate granted under part x and slaving the debt specified therein, or(iv) a ..... succession certificate is condition precedent for continuance of the execution proceeding. the decision on this point is dependent on the interpretation of section 214 of the succession act. the said provision is quoted herein below in extenso :--'section 214 proof of representative title a condition precedent to recovery through the courts of debts from debtors .....

State Transport Authority Vs. Banamali Dalabehera and anr.

Court : Orissa

Reported in : AIR1975Ori58

..... convenience does not seem to have entered into consideration of the appellate authority while the ex parte order was made. it is true, the operator also deserves protection in law but when balance of convenience has to be judged in the matter of making of temporary arrangement pending the appeal, the greater good of society -- ..... the procedure adopted by it in dealing with such matters is clearly contrary to the judicial process and the practice of the courts. under the motor vehicles act, the maximum life that a temporary permit can have is four months. the operator (opposite iparty no. 1) had approached the appellate authority against rejec-tion of his ..... no. 1 against rejection of an application for a temporary stage carriage permit to him. under chapter iv-a of the motor vehicles act of 1939 (hereinafter referred to as the act) schemes of nationalisation have been framed and the routes cuttack-kakatpur and cuttack-nayahat overlapped the nationalised routes covered by the schemes. there .....

Smt. Swaranamoyee Dasi Vs. Debendranath Karan

Court : Orissa

Reported in : AIR1964Ori55

..... final decree which could not have been passedas the application was barred by limitation under article 181. he, however, contends that section 14(2) of the limitation act cannot save the aforesaid period and that the petition for review is barred by limitation.4. the only point for consideration is whether the period spent in proceeding ..... under order 9, rule 13, c. p. c. would be excluded under section 14(2) of the limitation act. in this connection, the following questions of law arise for determination -(i) whether the final decree proceedings would be vitiated in the absence of notice on the defendant?( ..... is entitled to the exclusion of time taken in the proceeding under order 9, rule 13, c. p. c. under section 14(2) of the limitation act. it lays down:'in computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, .....

Bankabehari Das Vs. Chittaranjan Naik

Court : Orissa

Reported in : AIR1963Ori83

..... no personal bribery is proved, this influence is common to all such cases in which the candidate by his personal appearance, power of speech, manner of life or conduct in the management of the particular election, must or may ingratiate himself in the minds of the electors, and so obtain an advantage over ..... that one accomplice cannot corroborate another, and that although no doubt a previous statement of an accomplice satisfying the requirements of section 157 of the evidence act can be used to corroborate his testimony, it is not the independent corroboration required by this rule. save in most exceptional circumstances, no court will ..... of these provisions in part vii 'corrupt practices and electoral offences' of the act are certain fundamental basic rules of care, caution, conscience and common sense constituting unwritten moral code deduced from life and experience. part vii of the act is simply written statutory recognition of these basic principles. the question whether a particular .....

Banshidhar Mohanty Vs. Gourgopal Das and ors.

Court : Orissa

Reported in : AIR1982Ori140; 53(1982)CLT564

..... between the highest amount bid and the price specified for such property in the sale proclamation.' the act is a piece of beneficial legislation containing a clearly indicated legislative policy of affording protection to the debtors. in order to protect debtors, it has been statutorily provided that the judgment-debtor's property should first be valued by ..... (at p. 2269):--'the law is not 'a brooding omnipotence in the sky' but a pragmatic instrument of social order. it is an operational art controlling economic life, and interpretative effort must be imbued with the statutory purpose. no doubt, grammar is a good guide to meaning but a bad master to dictate, notwithstanding the traditional ..... the purpose and intent of the legislature in enacting the law. we are at one with the learned single judge that it is a beneficial legislation affording protection to the debtors and we may add, to foster social justice.8. the learned counsel for the appellant has submitted that it was open to the decree .....

Sitaram Nai Vs. Puranmal Sonar and ors.

Court : Orissa

Reported in : AIR1985Ori171

..... the adoption and the time when it is being questioned and during that period of interregnum a variety of transactions of open life and conduct upon the footing that the adoption was a valid act have taken place, the initial burden necessarily shifts to the person who challenges its validity.....'after applying the law to the facts ..... of that case, his lordship held : --',.... considering the entire evidence on record, both documentary and oral, and the variety of transactions of open life and conductupon the fooling of ..... on behalf of the defendants carefully and in our opinion, even thedefendants have not been able to establish that there has been a variety of transactions of open life and conduct upon the footing of the adoption of defendant no. 2. so far as the oral evidence is concerned, we will examine how far the evidence .....

Babu @ Pratap Kumar Mohapatra Vs. State of Orissa

Court : Orissa

Reported in : 2005(I)OLR574

..... counsel for the petitioner in this regard. as stated earlier the case has been registered under section 506 i.p.c. read with sections 25 and 27 of the arms act against the petitioner. so it appears that retention of the cash, mobile phone and voter identity card in no way would be of any help to the prosecution.under such ..... paper f.i.r., pursuant to which p.s. case no. 155 for the offence under section 506 i.p.c. read with sections 25 and 27 of the arms act, corresponding to the aforesaid g.r. case was registered against him.3. during pendency of the said case the petitioner filed a petition under section 457 cr.p.c. for .....

National Insurance Co. Ltd. Vs. Laxmi Devi and ors.

Court : Orissa

Reported in : AIR1984Ori197

..... compensation.'in view of the aforesaid legal position, the deceased being sent by p. w. 4, who had hired the vehicle in question, to accompany his goods, is entitled to protection of his risk being covered under, section 95 (1) (b), proviso (ii) and accordingly, mr. basil's contention is liable to be rejected.8. the next submission of ..... proviso (ii) to section 95 (1) (b). if a person is carried in a goods vehicle by reason of a contract of employment, then he is entitled to the protection of compulsory insurance under section 95 (1) (b). the term 'contract of employment' cannot be given a restricted meaning to cover a contract of employment with the owner of ..... and the object of such legislation is to save the destitutes from vagaries of life, they having lost their sources of income must get something to fall back upon, award of higher rate of interest if the compensation is not paid within three months may act in some cases, preventing the owners of the vehicles or the insurance companies .....

State of Orissa Vs. Bira Kishore Naik

Court : Orissa

Reported in : AIR1964Ori202; 30(1964)CLT176; 1964CriLJ325

..... of the government or to make, authenticate or keep any document relating to the pecuniary interests of the government or to prevent the infraction of any law for the protection of the pecuniary interests of the government and every officer in the service or pay of the government or remunerated by fees or commission for the performance of any ..... way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also liable to fine.' the accused comes within the meaning of 'agent' used ..... in the section. an agent is a person employed to do any act for another or to represent another in dealing with a third person. the accused was the agent of p.w. 2 in his dealings with the payee. mr. rao, .....